RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-03197
		INDEX CODE:  110.00
		COUNSEL: NONE

		HEARING DESIRED:  NO
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APPLICANT REQUESTS THAT:

His under honorable conditions (general) discharge be upgraded to an honorable discharge.
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APPLICANT CONTENDS THAT:

The applicant makes no contentions.

Applicant's complete submission is at Exhibit A.
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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 10 Jan 64, as an airman basic for a period of four years.

On 22 Oct 64, the applicant’s commander notified him that he was recommending his discharge from the Air Force for unsuitability.  The specific reason for the discharge action was the result of a psychiatric evaluation that diagnosed the applicant with an inadequate personality clearly unsuitable for further military service.

His commander advised of him of his rights in this matter.

He was appointed an evaluation officer.  The evaluation officer conducted an interview with the applicant, reviewed his records and comments by his commander, and recommended his discharge from the Air Force with a general discharge without probation and rehabilitation.

After consulting with the evaluation officer the applicant elected not to submit statements in his own behalf.

On 10 Nov 64, the discharge authority directed the applicant be discharged with a general discharge without probation and rehabilitation.

The applicant was discharged on 10 Nov 64.  He served a total of 10 months and 1 day on active duty.

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is at Exhibit C.  On 14 Dec 07, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days, as of this date, no response has been received by this office (Exhibit D).

On 14 Dec 07, a request for information pertaining to his post-service activities was forwarded to the applicant for response within 30 days.  As of this date, no response has been received by this office (Exhibit E).

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THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we find no evidence of an error or injustice that occurred in the discharge processing.  Based on the available evidence of record, it appears the discharge was consistent with the substantive requirements of the discharge regulation and within the commander's discretionary authority.  The applicant has provided no evidence which would lead us to believe the characterization of the service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed.  However, should the applicant provide documentation pertaining to his post-service accomplishments and activities, this Board would be willing to review the materials for possible reconsideration of his request based on clemency.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR Docket Number BC-2007-03197 in Executive Session on 22 Jan 08 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 26 Sep 07.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	FBI Investigative Report.
	Exhibit D.	Letter, SAF/MRBC, dated 14 Dec 07.
	Exhibit E.	Letter, SAF/MRBC, dated 14 Dec 07.